Ending a marriage is usually a difficult decision to come to, but for some couples, it is the best and most necessary choice. Even when you know it is time to divorce, it can still be an emotional process. When you and your soon-to-be-ex cannot agree on the terms of your separation, it can become that much harder to navigate divorce proceedings.
When you and your spouse disagree on key issues like dividing property and child custody, you could benefit from the expertise of an experienced divorce attorney. A Lincoln County contested divorce lawyer could help you fight for what you deserve and ensure that your best interests are protected.
Contesting Spousal Support and Asset Division
Division of assets and alimony amounts are among the most highly contested issues in a divorce.
Spousal Maintenance Laws
Under Kansas Statutes Annotated § 23- 2902, a spouse may be ordered to pay a certain amount of alimony to their ex for a set amount of time. These decisions are made based on considerations like the duration of the marriage and each spouse’s earning potential. It is especially common in cases where one spouse worked and the other was a stay-at-home parent.
The goal of spousal maintenance payments is to help the economically disadvantaged spouse have time to find gainful employment, including possible training and education programs, so they may ultimately reach financial independence and a viable means of supporting themself.
Marital Property Laws
Property and financial assets in a divorce typically involve determinations of marital property versus separate property, per K.S.A. § 23-2601.
Marital property includes shared assets that are generally divided equally between both parties to a divorce. Most assets that were acquired by either or both spouses during the marriage are considered marital property.
Separate property generally belongs to just one spouse and will be awarded to the owner. This often involves items that were owned by just one person before the marriage, or gifts and inheritances bestowed to a specific person during the marriage. A Lincoln County contested divorce attorney could play a vital role in helping prove separate property that their clients are entitled to.
Contesting Child Support and Custody
Any court decisions made during a contested divorce involving children––like financial support, custody, and visitation schedules––hinge on the principle of best interest of the child. Contested divorce attorneys in Lincoln County could help their client demonstrate how their preferred support and custody plan will be the most beneficial for their children.
Child Support Laws
The judge ruling on child support will consider several factors under K.S.A. § 20-165 to determine what amounts are in the child’s best interest, while also staying fair and manageable to the parents. These factors may include the:
- Specific needs of the child
- Parents’ earning potential
- Parties’ present standards of living
- Parents’ ability to pay certain amounts
Each parent must complete a Child Support Worksheet detailing their financials to assist the judge’s support determinations.
Child Custody Laws
Child custody arrangements are generally divided into legal custody, defined by K.S.A. § 23- 3206, and residential custody, defined by K.S.A. § 23-3207. Legal custody entails a parent’s rights in making decisions for their child, such as those related to education and medical care. Parents may have joint legal custody, in which each person has an equal say in their decisions for the kids, or one parent may have sole legal custody. In cases where only one parent can make legal decisions, the other parent will typically still have access to any related records involving those decisions.
Residential custody, also known as physical custody, determines where a child will live. When custody is contested, a family court judge will determine if a child will live an equal amount of time with each parent or primarily with one parent and have visitation rights with the other. As with issues of child support, decisions are made based on the health, safety, and well-being of the child.
Contact a Lincoln County Contested Divorce Attorney for Help
From parenting time to financial assets, there can be a lot at stake when you go through a contested divorce. A Lincoln County contested divorce lawyer could help keep your rights and interests protected so that you can have a fair and favorable outcome in court. Call one of our skilled attorneys today to learn more.